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Political conflict, political polarization, and constitutional compliance

Author

Listed:
  • Jacek Lewkowicz

    (University of Warsaw)

  • Katarzyna Metelska-Szaniawska

    (University of Warsaw)

  • Jan Fałkowski

    (University of Warsaw)

Abstract

While the economic approach to constitutions highlights their contribution to resolving conflict, recent work on the de jure–de facto distinction in relation to various constitutional rules suggests that political conflict and polarization could play a role in explaining the size and evolution of the gap between constitution text and constitutional practice. In this paper, we are interested in the relationship between the degree of conflict in the political arena within the state, captured by the polarization of the political landscape, as well as the underlying political polarization in society, and compliance of government actors with the country’s constitution. Based on a number of theoretical arguments, we provide an empirical investigation for ca. 170 countries in the period 1975–2020, using the new Comparative Constitutional Compliance Database. Our results suggest that constitutional non-compliance is associated with more intense political polarization in society, but it does not seem to be correlated with polarization of the political landscape.

Suggested Citation

  • Jacek Lewkowicz & Katarzyna Metelska-Szaniawska & Jan Fałkowski, 2025. "Political conflict, political polarization, and constitutional compliance," Constitutional Political Economy, Springer, vol. 36(3), pages 351-375, September.
    • Handle: RePEc:kap:copoec:v:36:y:2025:i:3:d:10.1007_s10602-024-09434-3
    DOI: 10.1007/s10602-024-09434-3
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    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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